Metropolitan Police Department Washington D.C.

Subject:

Negligent Fires

Series    Number  Change

308.      08     

Effective Date

December 01, 1971

Revision Date

*

 

    

 

 

 

 

The purpose of this order is to establish the policy and procedures for handling negligent fires. This order consists of the following part:

 

     PART I    Responsibilities and Procedures for Members of the Department

 

     A.   Investigation.

 

          1.   Upon responding to the scene of a fire within premises such as a hotel, rooming house, lodging house, apartment house, tenement house, convalescent home, hospital, child care center or similar place of abode, a police officer should                    consult with the s superior Tire Department official on the            scene to determine whether or not negligence contributed to              the fire. If so, and the fire is still in progress, the                  officer may legally make an arrest on the scene of the                 person or persons who, through negligence, caused the fire.               The fact that fire apparatus may still be on the scene when             the police officers arrive is not to be considered as                         conclusive evidence that the fire has not yet been                       extinguished.

 

          2.   In determining the guilty party, the officer should                     consider one or more of the following circumstances:

 

              a.   Was the suspect the sole occupant of the premises                       immediately prior to the fire?

 

              b.   Was the suspect engaged in an act immediately prior to                    the fire which might have caused it (e.g., smoking,                    ironing, cooking?)

 

              c.   Does the suspect admit the negligent act that caused                         the fire?

 

 

 

 

 

 

Publication

 

Effective Date

Page Number

General Order 308.08

 

December 01, 1971

2 of 2

 

 

 

 

 

     B.   Courses of Action.

          If, after considering all of the evidence available to him, the               officer identifies the person or persons responsible for the               offense, he shall take one of the following actions:


     1.   In prima facie cases, the violator, if sober and               either a bona fide resident of, employed in, or               having an actual business address within the confines       of the District of Columbia, so that he can be located        for the service of a warrant, if necessary, shall be       issued a notice to post collateral for this offense.

 

     2.   in cases where responsibility is inconclusive, all        parties should be summoned to the Corporation           Counsel’s Office for a hearing.

 

     3.   In prime facie cases, where one of the inciting causes         has been alcohol or drugs and the violator is still           under the influence of alcohol or drugs and is alone,           or without any responsible adult capable of Properly      and constantly supervising him on the same premises,        the violator should be taken into custody to prevent a          possible repetition of the offense.

 

C.   Notifications.

 

     1.   In every case where an arrest is made, a violation   notice is issued, or persons are summoned to the     Corporation Counsel’s Office for a hearing, the arresting      officer shall so advise the Tire Department in accor­dance     with the following schedule to enable a member of that   department to inspect the fire grounds and then appear as a      witness for the prosecution.

 

          a.   Between 0800 and 1700 hours, the Tire Marshal’s                Office shall be notified.

 

          b.   Between 1700 and 0800 hours, the Duty Officer,            Fire Alarm Headquarters, shall be notified.

 

     2.   The arresting officer shall be responsible to keep the         Tire Department official associated with the case         advised of any court contin­uance dates.

JVW:pam